HomeMy WebLinkAboutSutton Tree Service Inc; 2012-12-11;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between Sutton Tree Service, Inc., a Corporation
(Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all
equipment, material and labor necessary to provide landscaping services at La Costa High
Reservoir, Elm Reservoir and Ellery Reservoir per the Contractor's proposal's #2011, #2015 and
#2016 and the District specifications, for a sum not to exceed Four Thousand Four Hundred
Twenty Five dollars ($)4,425.00. This work is to be completed within thirty calendar days after
issuance of a Purchase Order.
ADDITIONAL REQUIREMENTS
1. City of Carlsbad Business License.
2. The Contractor shall assume the defense of, pay ail expenses of defense, and indemnify and
hold harmless the City of Carlsbad and the District, and its agents, officers and employees,
from all claims, loss, damage, injury and liability of every kind, nature and description, directly
or indirectly arising from or in connection with the performance of this Contract or work; or
from any failure or alleged failure of the contractor to comply with any applicable law, rules or
regulations including those relating to safety and health; except for loss or damage which was
caused solely by the active negligence of the District; and from any and all claims, loss,
damage, injury and liability, howsoever the same may be caused, resulting directly or
indirectly from the nature of the work covered by this Contract, unless the loss or damage was
caused solely by the active negligence of the District. The expenses of defense include all
costs and expenses, including attorney's fees for litigation, arbitration, or other dispute
resolution method.
3. Contractor shall furnish policies of general liability insurance, automobile liabilit^^ insurance
and a combined policy of workers compensation and employer's liability in an insurable
amount of not less than five hundred thousand dollars ($500,000) each, unless a lower
amount is approved by the City Attorney or the City Manager. Said policies shall name the
City of Carlsbad and the District as a co-insured or additional insured. Insurance is to be
placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at
least A-:V, and (2) are admitted and authorized to transact the business of insurance in the
State of California by the Insurance Commissioner. Proof of ail such insurance shall be given
by filing certificates of insurance with contracting department prior to the signing of the
contract by the District.
4. The Contractor shall be aware of and comply with all Federal, State, County and City
Statutes, Ordinances and Regulations, including Workers Compensation laws (Division 4,
California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC,
Sections 1101 through 1525), to include but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that are included in this
Contract.
5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the
California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad
Municipal Code Sections 3.32.025, et seq ini^^^^rfuT^
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grqu
the District to disqualify the Contractor from participating in contract bidding. ini
7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
- 1 -- Revised 02/11/02
8. The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of
the California Labor code, a current copy of applicable wage rates is on file in the office of the
City Engineer. The contractor to whom the contract is awarded shall not pay less than the
said specified prevailing rates of wages to all workers employed by him or her in the execution
of the contract.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
Jase Warner Water Utilities Department 5950 El Camino Real Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
(Name of Contractor)
(E-mail Address)
(Sign Here)
(Contractor's License Number)
(Print Name and Title)
(Print Name and Titfe) ^
Assistant City Manager Date
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached.
If a Corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A:
Chairman,
President, or
Vice-President
'Group B:
Secretary,
Assistant Secretary,
CFO or
Assistant Treasurer
Othierwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
Deputy City Attorney ^
2 -Revised 02/11/02
Sutton Tree Service, Inc.
2236 S Santa Fe Ave
Vista, CA 92084
Contractors License # 591236
1-800-909-TREE www.suttontreeinc.com
Fax: 760-727-3813
Date Estimate #
11/26/2012 2011
City of Carlsbad
Attn: Tom
Project
La Costa High Tank
Description Qty Total
Eucalyptus: (northeast side of tank) Reduce to top of tank, cut back limbs toward tank and remove larger
deadwood
TO ADD: Reduce all Eucalyptus around tank to top of tank
975.00
600.00
0.00
If you have any questions regarding this estimate, please call our office. Total $1,575.00
Sutton Tree Service, Inc.
2236 S Santa Fe Ave
Vista, CA 92084
Contractors License # 591236
1-800-909-TREE www.suttontreeinc.com
Fax: 760-727-3813
Date Estimate #
11/29/2012 2015
Carlsbad Water District
Project
Donna Drive
Description Qty Total
Elm Tank
3 Eucalyptus: (southwest comer) Remove, poison stump, cutback overhangs *more on Eucalyptus on south fence
line
2 Small Eucalyptus: (east side) Remove and reduce 2 taller Eucalyptus by fence
2 Eucalyptus growing through Acacia: Remove and poison
Acacia: cutback heavy
1 Eucalyptus: (north by fence) Remove
2 Eucalyptus (by gate) Reduce and shape
1,500.00
0.00
If you have any questions regarding this estimate, please call our office. Total $1,500.00
Sutton Tree Service, Inc.
2236 S Santa Fe Ave
Vista, CA 92084
Contractors License #591236
1-800-909-TREE www.suttontreeinc.com
Fax: 760-727-3813
Date Estimate #
11/29/2012 2016
Carlsbad Water District
Project
Ellery Tank
Description Qty Total
Ellery Tank- Janis Way
Large Ironbark Eucalyptus: (north side) Remove, poison and reduce height on 2 taller ones
Eucalyptus: (southeast comer) Reduce height and overhangs
1,000.00
350.00
0.00
If you have any questions regarding this estimate, please call our office. Total $1,350.00